Is Strict Scrutiny followed in Judicial Review of Laws by Courts in India?
Querist :
Anonymous
(Querist) 16 March 2011
This query is : Open
Dear Experts,
In Strict Scrutiny the government has the burden of proving that its challenged law/policy is Constitutional. To withstand strict scrutiny, the government must show that its law/policy is necessary to achieve a compelling state interest. If this is proved, the state must then demonstrate that the legislation is narrowly tailored to achieve the intended result.
1)Like in USA is Strict Scrutiny standard followed in Judicial Review of Laws/Policies by Courts in India? If not what standard is followed in Judicial Review by Indian courts?
2)If Strict Scrutiny is not followed by Indian courts, can a lawyer request the court to follow the principle of strict scrutiny for Judicial Review in his case, like case involves Fundamental Rights under Part III of Constitution?
